Section: If some of them commit a crime, the liability for the crime is theirs alone, not their companions'. This is the position held by al-Shafi'i, may Allah be pleased with him. Malik, may Allah be pleased with him, said: "They all pay the blood money (arsh), and if they are unable, they become slaves." Our evidence is the statement of Allah the Exalted: "And no bearer of burdens shall bear the burden of another" (Quran 6:164), and the statement of the Prophet (peace and blessings of Allah be upon him): "No perpetrator commits a crime but upon himself alone." Furthermore, if two men join together and contract, neither of them bears the crime of his companion; it is the same here, because what is not valid cannot be included in the contract of kitaba, and it is not obligatory for one of them due to the action of the other, just like qisas (retaliation). We have already clarified that each of them is a mukatab (slave under a contract of manumission) in accordance with his own share, so he is like one acting individually through his own contract.

2010 - Issue: He said: "And if he stipulates in his kitaba contract that he shall have the wala' (patronage rights) to whomsoever he wishes, the wala' belongs to the one who freed him, and the condition is void."

As for the condition being void, we know of no disagreement regarding its invalidity. This is due to what Aisha, may Allah be pleased with her, narrated, saying: "There were three matters regarding Barira. Her owners wanted to sell her and stipulate the wala', so I mentioned that to the Prophet (peace and blessings of Allah be upon him), and he said: 'Buy her and free her, for the wala' belongs only to the one who frees.'" (Agreed upon). In another hadith, the Prophet (peace and blessings of Allah be upon him) said: "Buy her and stipulate the wala' for them, for the wala' belongs only to the one who frees." The Messenger of Allah (peace and blessings of Allah be upon him) then stood among the people, praised Allah and lauded Him, then said: "To proceed: what is the matter with people who stipulate conditions not in the Book of Allah! Whoever stipulates a condition not in the Book of Allah, it is void, even if it were a hundred conditions. The decree of Allah is more worthy, and the condition of Allah is more binding. The wala' belongs only to the one who frees." (Agreed upon). And because the wala' cannot be validly transferred.